Dealing With Issues After A Final Order

Danielsen WesthoffIf your work schedule changes or you move to a new residence, a parenting plan that worked for you at the time of your divorce may no longer be sufficient. Job loss or the birth of another child may require an adjustment in child support. Or you may need help enforcing an order.

At Danielsen Westhoff, we can help you modify an order that is no longer working or enforce existing provisions through contempt proceedings. Our attorneys have helped others with similar issues in Broomfield, Jefferson County and northern Colorado.

How Can You Modify A Parenting Plan When Relocating?

In our mobile society, we frequently work with parents who need to relocate. When a parent with primary parenting time or a co-parent with equal parenting seeks to relocate with the minor children outside of Colorado, the parent must provide the other parent with:

  1. Written notice of the intent to relocate
  2. The location where the relocating party intends to reside
  3. The reason for this relocation
  4. A proposed parenting plan

If the parties are unable to come to an agreement on the terms of the proposed relocation, then a judge will decide the issue based on the child's best interests. Many potential hurdles exist for the parent seeking to relocate as well as the parent who opposes it.

A pending divorce or legal separation proceeding will prevent you from taking children out of the state — even on a temporary basis without the consent of the other parent or a judge. Once a divorce has been granted, the parties can take the children out of state for visits (unless prohibited by the divorce decree), but permanent removal still needs permission — and that permission can be difficult to obtain.

Child Support Modification

Child support should be reviewed periodically to ensure it is still accurate. If you have lost your job, you may even want to file for a short-term modification to avoid arrears. You may also never be able to obtain a position with similar pay, which could provide an argument for a permanent change.

On the other hand, it may be necessary to file a motion to modify when one parent see a significant increase in pay.

A Toolbox To Address Enforcement Issues

If an ex-spouse fails to sign over title to a vehicle or a quit claim deed, we can also help. The failure to pay spousal maintenance or child support is another common issue we see. We know the local courts and the tools available to resolve the situation. If the matter ends up back in front of a judge, we can often request and have attorney fees awarded.

Experience When You Need It

Our attorneys have a lot of experience with relocation and modification. We can ensure you are able to obtain a fair outcome. Schedule a free initial appointment with us; call 720-739-7835 or send us a message.